The investigation
into the explosion and subsequent death of a Poole man at a scrap
yard in Poole on Monday 9 May 2005 has concluded today, Tuesday 12
August 2008, at Winchester Crown Court when the jury was discharged
after delivering its verdicts.
The defendants were David Peter Matthews, aged 56, of Poole, and
Michael James Anderson, aged 48, also of Poole.
Matthews previously pleaded guilty to one charge of perverting
the course of justice.
On Monday 11 August 2008, the jury found Matthews guilty of two
further counts of perverting the course of justice – and guilty of
two counts under health and safety legislation (Sections 2 and 3 of
the Health and Safety at Work Act).
On Tuesday 12 August 2008, the jury found Matthews not guilty of
manslaughter.
On Monday 11 August 2008 the jury found Anderson guilty of one
count of perverting the course of justice and on Tuesday 12 August
2008, Anderson was found not guilty of a second count of perverting
the course of justice.
Both Matthews and Anderson are directors of Reliance Scrap Metal
Merchants (Parkstone) Ltd and on Tuesday 12 August 2008, the
company was found not guilty of corporate manslaughter.
The company had previously pleaded guilty to two counts under
health and safety legislation.
Sentencing has been adjourned to September, 2008.
Emergency services were called to the Reliance Scrap Metal
Merchants (Parkstone) Ltd premises in Nuffield Road, Poole, on
Monday 9 May 2005, following an explosion and fire that occurred
while gas cylinders were being cut up manually with an industrial
cutter.
One of the cylinders, an acetylene cylinder, exploded and caused
the fire.
Sadly, the fire and explosion claimed the life of 64-year old
Poole man Thomas Mooney and seriously injured Mr Matthews.
A joint Dorset Police and Health and Safety Executive
(HSE)
investigation was immediately launched to investigate the
circumstances.
An 18-month long investigation by detectives from Poole
CID,
Dorset Police’s Major Crime Investigation Team (MCIT), investigating
officers from the HSE as well as
HSE
laboratory staff, led to charges being agreed by the Crown
Prosecution Service.
In December 2006, charges of manslaughter, corporate
manslaughter and health and safety act offences were laid.
A trial commenced In October 2007 at Winchester Crown Court but
this was adjourned and a re-trial arranged following allegations
that the two men had perverted the course of justice.
Dorset Police’s MCIT carried out this
further investigation that culminated in the two defendants being
charged with further offences of perverting the course of
justice.
The retrial began on 9 June 2008 at Winchester Crown Court.
Detective Inspector Jez Noyce, of Dorset Police’s
MCIT,
said: "As with all investigations into a sudden death, Dorset
Police’s investigation into the death at work of Mr Mooney was
painstaking and meticulous.
"There is nothing that we can do to bring back Mr Mooney but
it’s my hope that the guilty verdicts on the health and safety
counts will act as a warning to all employers to make absolutely
sure that they have processes in place to ensure the safety of
their staff.
"The courts, the Crown Prosecution Service and Dorset Police
take offences of perverting the course of justice extremely
seriously. In this case, the two defendants used their position in
the company to pressurise and manipulate their staff into giving
false and erroneous evidence."
There were seventy five witnesses in the case of which twenty
five were called to give evidence.